Access to Kansas Open Records

Your Right To Request Public Records Under The Kansas Open Records Act, K.S.A. 45-215 et seq.

• You have the right to inspect and obtain copies of public records that the Kansas Department on Aging (KDOA) maintains which are not otherwise exempt from disclosure by a specific law.
• KDOA’s Freedom of Information Officer, or designee, is available to assist you in following the policies and procedures necessary to obtain access to or copies of the public records you want.
• Your request for public records must be in writing. KDOA can provide you with a form to assist you in making your request.
• You will be charged a reasonable fee, not exceeding actual cost, for the staff time required in processing your request and a reasonable fee for copying. An additional charge will be assessed for supervision, faxing and computer searches. KDOA requires payment prior to any records being made available to the requester. The fee schedule is listed below.
• You cannot remove original copies of public records from KDOA.
• Your request for public records will be acted on by the end of the third business day from when your written request was received. If it takes longer than three business days, you will be notified by KDOA.
• You can bring a private lawsuit or file a complaint with the Kansas Attorney General’s Office if you feel you are wrongfully denied records.

KDOA's Responsibilities

• You may consult with KDOA’s Freedom of Information Officer to determine if the record you need exists or is available. Be prepared to provide a specific description of the records you seek.
• The Kansas Open Records Act (KORA) does not require KDOA to answer questions or prepare reports. KDOA is only required to provide public records that already exist. There is no requirement for KDOA to create a record at your request.
• If KDOA takes longer than three business days to act on your request, you will receive notification from KDOA explaining that it will take additional time to produce the records. Reasons for additional time may include, but are not limited to, voluminous records, complicated request parameters, unresolved legal issues or difficulty in accessing archived records.
• Your request may be denied in whole or in part. If the request is denied, KDOA will identify generally the records denied, and the specific legal authority for the denial.

KDOA's Fee Schedule

• Search fee
  $2.50 per quarter hour

• Supervision or File Review
  Oversight fee: $2.50 per quarter hour

• Copying fee
  $0.25 per page (8.5" x 11")
  $0.25 per page (8.5" x 14")

• Fax Fee
  $1.00 per page

• KDOA Computer Searches
  For new programming: $25.00 per hour, per programmer
  For pre-existing programming: $15.00 per hour, per programmer

What Records are Available?

Most records maintained by public entities are open for public inspection and copying. Records commonly requested include, but are not limited to:

• Minutes of open meetings
• Policies
• Salaries of public officials
• Agency budget documents
• Adult care home statutes and regulations

Exceptions to the Kansas Open Records Act

The Kansas Open Records Act (KORA) recognizes that certain records contain private or privileged information. The KORA lists several exceptions including, but not limited to, the following:

• Personnel information of public employees
• Medical treatment records
• Records protected by the attorney-client privilege
• Records closed by the rules of evidence
• Records containing personal information compiled for census purposes
• Notes and preliminary drafts
• Criminal investigations

A list of additional exceptions can be found at K.S.A. 45-221

How to Request a Public Record

You can obtain access to KDOA public records by contacting the Freedom of Information Officer at 800-432-3535 to determine if the record you need exists or is available.

You will be asked to submit your request in writing. Please be as specific as possible in describing the public records you want. KDOA can send you a form to assist you in making your request.

Send your written request to the KDOA Freedom of Information Officer:

Freedom of Information Officer
Kansas Department on Aging
503 S. Kansas Avenue, Topeka, KS 66603-3404

or you can fax your request to 785-296-0256

Additional information can be obtained on the internet at: http://www.ksag.org/content/page/id/141.

Your Responsibilities upon Receipt of a Public Record

Except for the limited purposes set forth in K.S.A. 45-230(a) (1) through (a)(6), a person receiving public records may not:

1. Knowingly sell, give or receive, for the purpose of selling or offering for sale any property or service to persons listed therein, any list of names and addresses contained in or derived from public records contained on this site; and
2. Use any information obtained from this site for any unlawful purpose (civil or criminal) whatsoever.

In the event a person receiving public records knowingly violates one or more provisions of K.S.A. 45-230, he or she may be liable for the payment of a civil penalty in an action brought by the attorney general, county or district attorney in a sum set by the court not to exceed $500 for each violation, and such other penalties as provided for by law.

To obtain the full text of K.S.A. 45-230, Click here.